Michigan considers chemical disclosure rules for fracking

State regulators are considering a request by environmental groups that Michigan require natural gas production companies to disclosure the chemicals they pump into the ground as part of the fracking process.

“We are certainly are taking it seriously,” said Hal Fitch, director of the state Department of Natural Resources and Environment’s Office of Geological Survey.

Fracking or hydraulic fracturing, is a natural gas drilling technique that uses high pressure water, chemicals and sand to break open gas deposits in shale deep underground.

A promising test well in Missaukee county this year touched off a flurry of mineral rights purchases by gas companies. Drilling rights on 392,000 acres of state land were leased at two auctions this year.

Though Michigan has a history of natural gas production, the gas that is the focus of current interest by companies is much deeper underground and will require far more water to extract.

Fitch said that the Antrim shale wells drilled in the 1980s and 1990s used about 50,000 gallons of water in the drilling process. Newly discovered gas well in the much deeper Collingswood shale require about 3 million gallons of water.

This water is drawn from the groundwater at the drilling site. It becomes contaminated with metals and other substances from the ground during the fracking process and it must be collected, transported and placed in a disposal well.

Environmental concerns center around the secret chemicals that are used in the fracking process, the large amounts of water required and the management of that water after it becomes contaminated.

In Nov. 17 letter a coalition of 30 state environmental groups asked the DNRE to require gas production companies to share information about the chemicals they use and the contamination present in the wastewater from fracking operations.

“Because the fluids in each fracturing treatment would contain a different subset of these chemicals, and because these chemicals could be hazardous in sufficient concentrations, public disclosure of the chemical constituents used in hydraulic fracturing on a site-by-site basis is necessary to enable regulatory agencies, health professionals, and citizens to conduct baseline water testing and respond appropriately should contamination or exposure occur,” the coalition said. “The DNRE has authority to request a full chemical analysis.”

Fitch said Michigan is considering its options when it comes to chemical disclosure for fracking.

“There’s two states, Wyoming and Arkansas, where companies disclose to the state,” he said, “I think if we were really going to require it would require a rule amendment which is a one year process.”

The natural gas production companies are OK with the concept of providing information about the chemicals used in their wells, Fitch said, but these companies hire others to drill the wells and mix the hydraulic fracturing chemicals and these third party chemical mixers are “really interested in keeping it secret.”

There are three major companies — Halliburton, Shlumberger, and BJ Services — that are involved in mixing the chemicals, Fitch said.

“We really haven’t opened a discussion with them,” Fitch said, “Right now we can get that info if there is a public health threat or spill. But if somebody has a water well complaint it may not show up for a year or so.”

Fitch said that any environmental problems associated with fracking are likely to come from surface spills and managing the flow back water.

“We are not against natural gas exploration but we have to get out ahead of this,“ said Marc Smith, senior policy manager for the National Wildlife Federation.

“I do think that Hal and the Office of Geological Survey have expressed interest in working with us,” he said.

Smith said that he is looking forward to working with regulators and governor-elect Rick Snyder to establish some common ground on fracking.

As Michigan begins to examine its fracking oversight other states and the federal government are also taking action.

The U.S. Environmental Protection Agency is in the process of studying the environmental impacts of fracking and has asked the nine major fracking service companies to provide information about the chemicals they use.

New York state this month enacted a 6 month ban on certain types of fracking so that regulators can gather more information on safety issues and in October Pennsylvania banned new gas development on state land.